HomeMy WebLinkAboutAgreements/Contracts - Public WorksK 19-056
Local Agency
Consultant/Address/Telephone
Standard Consultant
Varela & Associates Inc.
Agreement
601 West Mallon Suite A
Spokane, WA 99201
Architectural/Engineering Agreement
(509) 328-6066
Personal Services Agreement
Agreement Number
Project Title And Work Description
2019 Grant County Pavement
Federal Aid Number
Condition Survey Rating
Agreement Type (Choose one)
❑ Lump Sum
Lump Sum Amount $
❑ Cost Plus Fixed Fee
Overhead Progress Payment Rate
Overhead Cost Method
DBE Participation
El Yes �NNo %
❑ Actual Cost
Federal ID Number or Social Security Number
91-1409139
❑ Actual Cost Not To Exceed %
❑ Fixed Overhead Rate %
Do you require a 1099 for IRS?
Completion Date
Fixed Fee $
❑ Yes ANo
Sept. 30, 2019
Total Amount Authorized $ $60,321.00
❑ Specific Rates Of Pay
❑ Negotiated Hourly Rate
❑ Provisional Hourly Rate
Management Reserve Fund $
Cost Per Unit of Work
Maximum Amount Payable $ $60,321.00
Index of Exhibits (Check all that apply):
Exhibit A- l Scope of Work
Exhibit A-2 Task Order Agreement
[:]Exhibit B-1 DBE Utilization Certification
❑ Exhibit C Electronic Exchange of Data
❑ Exhibit D-1 Payment -Lump Sum
❑ Exhibit D-2 Payment - Cost Plus
❑ Exhibit D-3 Payment - Hourly Rate
❑ Exhibit D-4 Payment - Provisional
[:]Exhibit E-1 Fee - Lump/Fixed/Unit
Exhibit E-2 Fee - Specific Rates
xhibit F Overhead Cost
Exhibit G Subcontracted Work
❑ Exhibit G-1 Subconsultant Fee
THIS AGREEMENT, made and entered into this
between the Local Agency of
❑ Exhibit G-2 Fee -Sub Specific Rates
❑ Exhibit G-3 Sub Overhead Cost
❑ Exhibit H Title VI Assurances
❑ Exhibit I Payment Upon Termination of Agreement
❑ Exhibit J Alleged Consultant Design Error Procedures
❑ Exhibit K Consultant Claim Procedures
Exhibit L Liability Insurance Increase
xhibit M -la Consultant Certification
WV
xhibit M -lb Agency Official Certification
xhibit M-2 Certification - Primary
xhibit M-3 Lobbying Certification
Exhibit M-4 Pricing Data Certification
App. 31.910 Supplemental Signature Page
i l -':L`
Grant County
and the above organization hereinafter called the "CONSULTANT".
DOT Form 140-089 EF Page 1 of 8
Revised 3/2008
day ofr ► 2019
, Washington, hereinafter called the "AGENCY"
WITNESSETH THAT:
WHEREAS, the AGENCY desires to accomplish the above referenced project, and
WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it
advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT;
and
WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to
professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY,
NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached
and incorporated and made a part hereof, the parties hereto agree as follows:
I General Description of Work
The work under this AGREEMENT shall consist of the above described work and services as herein defined and
necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and
related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT.
II Scope of Work
The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and
by this reference made a part of this AGREEMENT.
III General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive
advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be
coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings
with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be
requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring
CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and
the CONSULTANT and shown in Exhibit "A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in
written and graphical form the various phases and the order of performance of the work in sufficient detail so that the
progress of the work can easily be evaluated.
The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or
sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the
termination of this AGREEMENT.
Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority
Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this
AGREEMENT. If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be
shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime
CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the
AGENCY'S "DBE Program Participation Plan". The mandatory DBE participation goals of the AGREEMENT are those
established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the
AGENCY.
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All
electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C."
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the
CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT,
and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY
of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to
the CONSULTANT.
Page 2 of 8
IV Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the
AGENCY.
All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under
completion date.
The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but
may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable
delays caused by an act of GOD or governmental actions or other conditions beyond the control of the
CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established
completion time.
V Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such
payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies,
equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable
portions of 48 CFR Part 31.
A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State
Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager.
VI Sub -Contracting
The AGENCY permits sub -contracts for those items of work as shown in Exhibit "G" attached hereto and by this
reference made part of this AGREEMENT.
Compensation for this sub -consultant work shall be based on the cost factors shown on Exhibit "G."
The work of the sub -consultant shall not exceed its maximum amount payable unless a prior written approval has been
issued by the AGENCY.
All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub -consultant shall be
substantiated in the same manner as outlined in Section V. All sub -contracts shall contain all applicable provisions of
this AGREEMENT.
With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt
Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT shall not sub -contract for the performance of any work under this AGREEMENT without prior
written permission of the AGENCY. No permission for sub -contracting shall create, between the AGENCY and sub-
contractor, any contract or any other relationship. A DBE certified sub -consultant is required to perform a minimum
amount of their sub -contracted agreement that is established by the WSDOT Highways and Local Programs Project
Development Engineer in consultation with the AGENCY.
VII Employment
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide
employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee,
commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or
making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this
AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or
otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a
Page 3 of 8
third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons
while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and
responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any
professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ
of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired
employees, without written consent of the public employer of such person.
VIII Nondiscrimination
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees
to comply with the following laws and regulations:
Title VI of the Civil Rights Act of 1964
(42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a)
Federal -aid Highway Act of 1973
(23 USC Chapter 3 Section 324)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et seq.)
Civil Rights Restoration Act of 1987
(Public Law 100-259)
American with Disabilities Act of 1990
(42 USC Chapter 126 Section 12101 et. seq.)
49 CFR Part 21
23 CFR Part 200
RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in
every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto.
IX Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to
the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of
AGREEMENT used.
No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the
Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds
the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the
CONSULTANT shall immediately reimburse the AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
Page 4 of 8
In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual
costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally
required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is
usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the
work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of
the work performed at the time of termination.
Under no circumstances shall payment made under this subsection exceed the amount, which would have been made
using the formula set forth above.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to
perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for
actual costs in accordance with the termination for other than default clauses listed previously.
In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel
assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the
principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under
the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to
renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the
AGENCY so chooses.
In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the
CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as
set forth in the second paragraph of this section.
Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of
any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for
failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the
AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or
omission by the CONSULTANT.
X Changes of Work
The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary
to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof.
Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts
thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work
shall be considered as Extra Work and will be paid for as herein provided under Section XIV.
XI Disputes
Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the
CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY
Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided,
however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that
decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes
concerning alleged design errors will be conducted under the procedures found in Exhibit "J", and disputes concerning
claims will be conducted under the procedures found in Exhibit "K".
XII Venue, Applicable Law, and Personal Jurisdiction
In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior
court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that
all questions shall be resolved by application of Washington law and that the parties to such action shall have the right
of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated
in the county in which the AGENCY is located.
Page 5 of 8
XIII Legal Relations
The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be
done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the
State of Washington.
The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless
from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or
in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided
that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold
harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or
the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result
from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the
STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon
such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and
enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents
or employees.
The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor.
The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23,
which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically
assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and,
solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under
the state industrial insurance law, Title 51 RCW.
Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction
contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental
agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By
providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job
site safety, or any construction contractor's failure to perform its work in accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required,
the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to
Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability and property damage insurance in an aggregate amount not less than two million
dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall
not exceed one million dollars ($1,000,000).
C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000)
combined single limit.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the
CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY
reserves the right to require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The
CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of
this AGREEMENT to the AGENCY.
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this
AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L". In no
case shall the CONSULTANT'S professional liability to third parties be limited in any way.
Page 6 of 8
The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this
section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it
under other provisions of this AGREEMENT, or otherwise in law.
XIV Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in
the services to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of
any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other
terns and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum
amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the
AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment", hereafter referred to as "CLAIM", under
this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides
that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the
AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause
shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this
AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this
AGREEMENT.
XV Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data
furnished by them.
XVI Federal and State Review
The Federal Highway Administration and the Washington State Department of Transportation shall have the right to
participate in the review or examination of the work in progress.
XVII Certification of the Consultant and the Agency
Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M
-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions,
Exhibit "M-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M-4"
Certificate of Current Cost or Pricing Data. Exhibit "M-3" is required only in AGREEMENTS over $100,000 and
Exhibit "M-4" is required only in AGREEMENTS over $500,000.
XVIII Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be
liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to
this AGREEMENT.
XIX Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an
original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations,
warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the
CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof.
Page 7 of 8
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT.
By
Cons
By
Ag
DOT Form 140-089 EF Page 8 of 8
Revised 312008 9
Exhibit A-1
Scope of Work
Project No.
Field rating and electronic data for approximately 832 miles of County Roads.
See Attachment A-1 Supplement
Documents To Be Furnished By The Consultant
Field rating data furnished in electronic format suitable for upload to Mobility database.
See Attachment A-1 Supplement
DOT Form 140-089 EF Exhibit A-1
Revised 6105
ATTACHMENT A-1 SUPPLEMENT
SCOPE OF SERVICES, COMPENSATION, SCHEDULE,
AUTHORIZATION TO PROCEED
I. SCOPE
Scope of Assignment
Field rating of approximately 832 miles of county roads using WSDOT Pavement Surface
Condition Rating methodology.
Workplan
Rating will be done based on visual inspection of road surfaces from a vehicle. The roads to be
rated shall be as designated by the County. It is anticipated that visual inspection will average 20
to 25 miles per day. We will provide a vehicle equipped with a Nitestar NS -50 or NS -60, or other
suitable distance measuring instrument.
Jesse Cowger, PE will be the Principal in Charge and will oversee the project; Jesse performed
the surface rating for Grant County in 2003 and has supervised the work on a biennial basis since
then (eight surveys in total). Peter Cowger will coordinate the field crew and provide quality
control on data collection. The rating work will be performed in one vehicle, by two field
technicians. Four pavement distresses will be rated: longitudinal cracking, transverse cracking,
alligator cracking, and patching.
Field surface condition rating data will be recorded via laptop into VisRate; field data will be
uploaded to the County Road Administration Board (CRAB) Mobility road management
database via internet on a weekly basis.
II. COMPENSATION
Compensation will be based on the actual number of miles field rated and included in the
Mobility data provided by the consultant to Grant County, at a rate of $72.50 per mile. Work will
be invoiced monthly. Payment by Grant County will be 75% of the invoiced amount. The
remaining 25% will be paid upon acceptance of the data by the County. Upload backups of the
field data (xml format) will be provided to Grant County monthly if requested. The County will
review and determine acceptance of the rating data within 21 days of Varela notifying the
County that the last upload of field data to the Mobility database has been made.
III. SCHEDULE
Field rating and submission of all rating data shall be completed no later than September 30,
2019
IV. AUTHORIZATION TO PROCEED
Authorization to proceed shall be effective upon execution of this Agreement by the County.
108 -01 -08 -Grant County Agr. Att 1(2019-04-08)
File: Grant County Road Rating Estimate (2019-03-22)
Varela and Associates
Sheet: Grant Cnty'19
EXHIBIT A-1 Supplement
CONSULTANT FEE DETERMINATION - COST PER UNIT OF WORK
3/2212019
Labor Hours and Billing Rates
Principal Project
En r En r
Rating Rating Adm. Other
Tech Tech Assist.
TOTAL LABOR Travel Time
HOURS Reduction
$140.00 $110.00
$50.00 $50.00 $65.00 $0.00
Travel time reduced rate: (1)
$40.00 $40.00
TASKS
Plan, coord., field start-up
8 24
8 8
48 $
4,560
Rating 10 hr da
350 350
700 $
35,000
Travel time (4 hr/week)
(1) Travel time reduced rate % shown.
53 53
105 $
4,200 20% (1)
Supervision and management
8 8
16 $
2,000
Quality control/field sampling & checking
32
32 $
3,520
Data management (office)
2 2
4
8 $
760
Data submission, coord w/County & CRAB
4 4
4
12 $
1,260
TOTAL LABOR
22 70
411 411 8 0
921 $
51,300
ESTIMATED EXPENSES
Mileage
4,432 miles $0.58 /mile
$
2,571
Per diem
$85 /day 70 man days
$
5,950
Other (phone, equipment, misc. expenses)
$
500
TOTAL EXPENSES
$
9,021
TOTAL(Labor + Expenses) $
TOTAL MILES TO BE RATED
COST PER UNIT OF WORK $
60,321
832 miles
72.50 /mile
MILES RATED AND RATING DAYS:
Estimated miles to be rated
832 miles
Number of lanes
1 lanes
Total miles to be rated
832 miles
Estimated production (10 hour days)
25 miles/day
(Est. 20 to 25 miles/da )
Estimated rating days
33 days
Efficiency factor(partial days, rain days
5%
Total estimated onsite days
35 days
Onsite weeks
8.8 weeks
4 days/week
ESTIMATED M LES TRAVELED:
Travel out/back to project area:
Round trip distance
200 miles
Weeks (once/week)
8.8 weeks
Sub -Total
1,750 miles
Daily trips from lodging to/from roads:
40 miles
3 days/week
Sub -Total
1,050 miles
QC trips by Jesse or Peter Cowger
800 miles
4 trips
Total estimated miles traveled + rated miles
4,432 miles
File: Grant County Road Rating Estimate (2019-03-22)
Varela and Associates
Sheet: Grant Cnty'19
Exhibit F
Adftk
Washington State
Department of Transportation
July 3, 2018
Varela and Associates, Inc.
601 W. Mallon Ave, Suite A
Spokane, WA 99201
Transportation Building
310 Maple Park Avenue S.E.
P.O. Box 47300
Olympia, WA 98504-7300
360-705-7000
TTY. 1-800-833-6388
www.wsdot.wa.gov
Subject: Acceptance FYE 2017 ICR — Risk Assessment Review
Dear Jeff S. Moran:
Based on Washington State Department of Transportation's (WSDOT) Risk
Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed
FYE 2017 ICR of 140.27%. These rates are applicable to Washington Local Agency
Contracts only. These rates may be subject to additional review if considered necessary
by WSDOT. Your ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with your firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 705-7019 or via email
consultantratesna.wsdot.wa. gov.
Regards;
ERIK K. JONSON
Manager, Consultant Services Office
EKJ:mya
Acceptance ICR Audit Office Review
FE _xh i -bi F F
Varela & Associates, Inc.
Overhead Schedule
Fiscal
Year Ended December 31, 2017
2017
2017 2017 2017
2017
2017
Statement
Accepted
Description
Amount
Varela Adj. WSDOT Adj Ref.
Amount
%
Direct Labor
$796,973.00
$796,973.00
100.00%
Costs:
Health Insurance
$135,197.00
$135,197.00
17.0%
IRA
$29,113.00
$29,113.00
3.7%
Vacation Pay
$65,603.02
$65,603.02
8.2%
Sick Pay
$31,082.00
$31,082.00
3.9%
Holiday Pay
$38,341.00
$38,341.00
4.8%
Bereavement Pay
$1,732.00
$1,732.00
0.2%
Other
$0.00
$0.00
0.0%
Payroll Taxes
$99,206.00
$99,206.00
12.4%
FUTA
$1,025.00
$1,025.00
0.1%
L&I Insurance
$11,537.00
$11,537.00
1.4%
Employment Security SUTA
$2,337.00
$2,337.00
0.3%
YMCA/Other Emp Benefits
$11,168.00
$11,168.00
1.4°0
Total Fringe Benefits
$426,341.02
$0
$426,341.02
53.5%
General Overhead
Indirect Labor
$320,674.00
$320,674.00
40.2%
Proposal Labor
$5,917.00
$5,917.00
0.7%
Direct Selling Labor
$6,082.00
$6,082.00
0.8%
Public Relations -Labor
$4,700.00
$4,700.00
0.6%
Advertising -Labor
$1,008.00
-$1,008.00 1
$0.00
0.0%
Labor Variance (Uncomp OT)
-$50,055.00
$50,055.00 S
$0.00
0.0%
Incentive Bonus
$80,700.00
$80,700.00
10.1%
Bus. Taxes/B&O, Prop.
$46,019.00
-$557.00 F
$45,462.00
5.7%
N/Outside Services
$15,767.00
$15,767.00
2.0%
N/Lod/Trav/Per Diem
$5,105.00
$5,105.00
0.6%
N/Mileage
$4,714.00
$4,714.00
0.6%
N/Meals (All Meals)
$4,267.00
$4,267.00
0.5%
Entertainment
$2,743.00
-$2,743.00 J
$0.00
0.0%
N/Sup & Materials
$33,311.00
$33,311.00
4.2%
N/Postage & Shipping
$1,239.00
$1,239.00
0.2%
N/Communications
$16,340.00
$16,340.00
2.1%
Office Rent
$74,673.00
$74,673.00
9.4%
Depreciate & Amor.
-$36,612.00
$36,612.00 G
$0.00
0.0%
E & O Insurance
$32,075.00
$32,075.00
4.0%
Copier Exp & Postage Lease
$8,890.00
$8,890.00
1.1%
Auto Exp., Allow.
$4,528.00
-$4,200.00 Q
$328.00
0.0%
Other insurance
$8,518.00
-$8,518.00 E
$0.00
0.0%
Exhibit F
Bus. & Prof. Lic., Dues
$3,607.00
$3,607.00
0.5%
Conf. & Seminars
$8,597.00
$8,597.00
1.1%
Lib. & Ref. Materials
$2,440.00
$2,440.00
0.3%
Nuclear Exp
$5,371.00
$5,371.00
0.7%
Legal & Accounting
$10,238.00
$10,238.00
1.3%
Contributions
$2,500.00 -$2,500.00
M $0.00
0.0%
Proposal
$0.00
$0.00
0.0%
Direct Selling
$0.00
$0.00
0.0%
Public Relations
$0.00
$0.00
0.0%
Advertising & Promotion
$0.00
$0.00
0.0%
Uncollectible
$0.00
$0.00
0.0%
Equip repairs & Maint.
$239.00
$239.00
0.0%
Subconsultant OH
$825.00
$825.00
0.1%
Political Campaign
$0.00
$0.00
0.0%
Total General Overhead
$624,420.00 $67,141.00
$0 $691,561.00
86.77%
Total Indirect Costs $1,050,761.02 $67,141.00 $0 $1,117,902.02 140.27%
Indirect Cost Rate 131.84% 140.27% 140.27%
11
References:
E Key person life insurance ($1758.00) and Long term Care Ins. ($6760.00) unallowable per 48 CFR 31.205-19(e)(2)(v).
F Unallowable Personal Property ($557.00) taxes per 48 CFR 31.205-41.
G Amortization of goodwill ($36,612.00) unallowable per 48 CFR 31.20549.
1 Public relations and advertising unallowable per 48 CFR 31.205-1,
J Entertainment ($2743.00) unallowable per 48 CFR 31.205-14.
M Contributions ($2500.00) unallowable per 48 CFR 31.205-8.
Q Auto Allowance payments of ($4,200.00) unallowable per 48 CFR 31.205-6(m)(2) and 31.201-2(d), documentation of
mileage log not available and unable to support and show segregation of business and personal use.
Associated costs for vehicle unallowable per 48 CFR 31.205-46(d) and 31.205-6(m)(2).
Audit Guide, Chapter 7, Section 7.12 C
S Labor Variance account is an offset account to balance the payroll ($50,055.00).
Uncompensated overtime Indirect Labor . Uncompensated overtime Direct Labor ($50,055.00).
Exhibit F
Certification of Final Indirect Costs
Firm Name: Varela and Associates, Inc.
Indirect Cost Rate Proposal: 140.27%
Date of Proposal Preparation (mm/dd/yyyy): 6/14/18
Fiscal Period Covered (mm/dd/yyyy to mm/dd/yyyy): January 1, 2017 - December 31, 2017
1, the undersigned, certify that 1 have reviewed the proposal to establish final indirect cost rates
for the fiscal period as specified above and to the best of my knowledge and belief.:
1.) All costs included in this proposal to establish final indirect cost rates are allowable in
accordance with the cost principles of the Federal Acquisition Regulations (FAR) of title 48,
Code of Federal Regulations (CFR), part 31.
2.) This proposal does not include any costs which are expressly unallowable under the cost
principles of the FAR of 48 CFR 31.
All known material transactions or events that have occurred affecting the firm's ownership,
organization and indirect costp" have been disclosed.
Signature:
Name of Certifying Official* (Print): Dana V. cowger
Title: CEO
Date of Certification (mm/dd/yyyy): Jp
*The "Certifying Official" must be an individual executive or financial officer of the firm at a level
no lower than a Vice President or Chief Financial Officer, or equivalent, who has the authority to
represent the financial information utilized to establish the indirect cost rate for use under Agency
contracts.
Ref. FHWA Directive 4470.1A available on line at:
http://www,fhwa.dot.(Iov/leqsre(is/directives/orders/44701 a.htm
O/H Certification; Nov 2010
1 hereby certify that 1 am
representative of the firm of
Exhibit M -1(a)
Certification Of Consultant
Jesse Cowger, PE
Varela & Associates, Inc.
Project No.
Local Agency
and duly authorized
whose address is
601 West Mallon, Spokane, WA 99201 and that neither I nor the above
firm I here represent has:
(a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other
consideration, any firm or person (other than a bona fide employee working solely for me or the
above CONSULTANT) to solicit or secure the AGREEMENT;
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the
services of any firm or person in connection with carrying out this AGREEMENT; or
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee
working solely for me or the above CONSULTANT) any fee, contribution, donation, or
consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT;
except as hereby expressly stated (if any);
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil. A
Date ' (-� /Signature
DOT Form 140-089 EF Exhibit M -1(a)
Revised 6/05
Exhibit M -1(b)
Certification Of Agency Official
I hereby certify that I am the AGENCY Official of the Local Agency of Grant County
Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this AGREEMENT to:
(a) Employ or retain, or agree to employ to retain, any firm or person; or
(b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or
consideration of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation, in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
A:&71_g'o tit,
Date
DOT Form 140-089 EF Exhibit M -1(b)
Revised 8/05
Signature
Exhibit M-2
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters -Primary Covered Transactions
The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
B. Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission or fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust statues or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I)
(B), of this certification; and
D. Have not within a three (3) year period preceding this application/proposal had one or more
public transactions (federal, state, or local) terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Consultant (Firm): Varela & Associates, Inc.
4//17/17
(Date)
DOT Form 140-089 EF Exhibit M-2
Revised 6/05
(Sig re) President Authorized Official of Consultant
Exhibit M-3
Certification Regarding The Restrictions
of The use of Federal Funds for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1.No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any Federal
agency, a member of Congress, an officer or employee of Congress, or an employee of a member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts which
exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Consultant (Firm):
Varela & Associates, Inc.
DOT Form 140-089 EF Exhibit M-3
Revised 6105
J(SatJurMe)PZreside Official of Consultant
Exhibit M-4
Certificate of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in
section 15.401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4)
submitted, either actually or by specific identification in writing, to the contracting officer or to the
contracting officer's representative in support of this agreement
are accurate, complete, and current as of April 9, 2019 **. This certification includes
the cost or pricing data supporting any advance agreements and forward pricing rate agreements between
the offeror and the Government that are part of the proposal.
Firm
Name
Title
Date of Execution*** April 9, 2019
* Identify the proposal, quotation, request for price adjustment, or other submission involved,
giving the appropriate identifying number (e.g., RFP No.).
** Insert the day, month, and year when price negotiations were concluded and price agreement
was reached.
*** Insert the day, month, and year of signing, which should be as close as practicable to the date
when the price negotiations were concluded and the contract price was agreed to.
DOT Form 140-089 EF Exhibit M-4
Revised 6106